Texas Law Review

Edited and published by the students at the University of Texas School of Law, the Texas Law Review is a leading publication of legal scholarship. Texas Law Review contains articles by professors, judges, and practitioners, in addition to reviews, essays, commentaries, and student notes.

Articles from Vol. 86, No. 7, June

Bottlenecks and Baselines: Tackling Information Deficits in Environmental Regulation
The first generation of statutory and regulatory environmental law in this country naively assumed that information would be abundant and cheap to acquire. Nowhere is this assumption clearer, perhaps, than in the National Environmental Policy Act1 (NEPA),...
Bridging the Data Gap: Balancing the Supply and Demand for Chemical Information
I. IntroductionSince the beginning of serious environmental regulation in the 1970s, the United States (and later Europe) has increasingly, and seemingly inexorably, adopted a risk-based approach to the regulation of environmental threats and, in particular,...
Capture, Accountability, and Regulatory Metrics
Aggressive regulation to eliminate threats to health and safety began shortly after the dawn of the twentieth century in the United States, but did not hit its stride for another fifty years. Spurred by the political and cultural changes that the Civil...
Emerging Science, Adaptive Regulation, and the Problem of Rulemaking Ruts
I. IntroductionIn theory it is hard to deny the power of information revolutions to enhance environmental policy making, but in practice it remains to be seen whether governmental institutions are up to the task of making good use of this new information...
Foreword: Making Sense of Information for Environmental Protection
We live in the Information Age. We can peer into our neighbors' backyards through satellite imaging, catch the latest Australian cricket scores on our smart phones, track our loved ones' airline flights online, and correspond with people virtually anywhere...
Harnessing the Power of Information through Community Monitoring: Insights from Social Science
I. IntroductionIndustrial and other polluters in the United States release enough hazardous pollution into the air to place over 92% of the U.S. population at an increased risk of developing respiratory disease, while 17% of the population is at an even...
Harnessing the Power of Information to Protect Our Public Natural Resource Legacy
I. IntroductionOver the past century, Congress has enacted numerous laws that recognize the value of the vast store of natural resources under federal control.1 These laws govern the management and use of water and lands, as well as the ecosystems, biodiversity,...
Harnessing the Power of Science in Environmental Law: Why We Should, Why We Don't, and How We Can
I. IntroductionEnvironmental law was born out of the new scientific understandings of ecology in the mid-twentieth century. Although science has historically played an important role in environmental law, its role has been more limited than may seem...
Hazardous Air Pollutants, Migrating Hot Spots, and the Prospect of Data-Driven Regulation of Complex Industrial Complexes
I. IntroductionThroughout its forty-year history, the Environmental Protection Agency (EPA) has struggled with its statutory obligation to address the risks that hazardous air pollutants (HAPs) pose to nearby human populations. This has never been an...
Information Access-Surveying the Current Legal Landscape of Federal Right-to-Know Laws
"The obligation to endure gives us the right to know."1I. IntroductionThis Symposium was convened to assess how, in this new age of environmental law, scholars, advocates, policy makers, journalists, and other interested members of the public can gain...
Modeling Climate Change and Its Impacts: Law, Policy, and Science
I. IntroductionUse of models has become increasingly central to the regulatory process. Modeling is sometimes even explicitly mandated by Congress.1 The potential benefits are manifold. "Computer modeling," according to a leading environmental-law scholar,...
Scientific and Political Integrity in Environmental Policy
I. IntroductionEnvironmental-policy conflicts characteristically have scientific dimensions. It matters to decisions about addressing global warming how much temperatures will change, how fast, and what consequences warming will have for the natural...
Using Tort Litigation to Enhance Regulatory Policy Making: Evaluating Climate-Change Litigation in Light of Lessons from Gun-Industry and Clergy-Sexual-Abuse Lawsuits
I. IntroductionIn recent years, tort litigation has been used to address a variety of social problems. Examples include lawsuits aimed at reducing smokingrelated illness, gun violence, and obesity.1 Reactions to this use of tort litigation to influence...